Eleanor Finch
Workplace harassment is a form of employment discrimination that violates anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1967, and the Age Discrimination in Employment Act of 1967. In California, workplace harassment is governed primarily by the California Fair Employment and Housing Act (FEHA), which provides broader protections than federal laws and mandates employers to prevent, investigate, and address all forms of harassment, including sexual harassment, psychological abuse, and discrimination based on protected characteristics such as race, gender, religion, disability, or sexual orientation. To be considered unlawful, workplace harassment must be unwelcome, offensive to a reasonable person, interfere with work performance, and create a hostile work environment. Victims of workplace harassment in California have the right to file a hostile workplace lawsuit against the offender, and employers may also be held liable for allowing harassment to occur or failing to take appropriate corrective action.
| Characteristics | Values |
|---|---|
| Definition | Unwelcome conduct in the workplace |
| Legal basis | California Fair Employment and Housing Act (FEHA), California Government Code Section 12940, California Code of Regulations (CCR), Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Americans with Disabilities Act of 1990 |
| Protected characteristics | Race, colour, religion, sex, gender, sexual orientation, marital status, pregnancy, age, disability, gender identity, national origin, ancestry, creed, military service/veteran status, medical condition, genetic information |
| Examples of conduct | Verbal or physical, sexual advances, racial slurs, physical intimidation, non-verbal, offensive jokes, name-calling, displaying offensive material, unreasonable interference with work performance, isolation, gaslighting, constant criticism |
| Reporting | Victims can report to their employer or HR department, or file a complaint with the California Civil Rights Department (CRD) up to 3 years after the incident |
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What You'll Learn
Sexual harassment
In California, there are two types of workplace sexual harassment: quid pro quo harassment and hostile work environment (HWE) harassment. Quid pro quo harassment occurs when a supervisor conditions favorable work conditions, such as continued employment, promotions, or satisfactory performance reviews, on the acceptance of unwelcome sexual advances or requests for sexual favors. HWE harassment is the most common form of sexual harassment and is defined as unwelcome behavior, based on an employee's sex, that is severe or pervasive, making the work environment and the harassment inseparable or inescapable.
California has some of the most protective workplace sexual harassment laws in the United States. The Fair Employment and Housing Act (FEHA) is the state law that protects workers from sexual harassment in the workplace and provides clear guidelines and mechanisms to address and prevent such misconduct. Employers are required to provide sexual harassment prevention training to all employees and are held liable if they fail to respond appropriately to complaints of sexual harassment or prevent it from occurring in the first place. Employees who have experienced sexual harassment can follow their employer's policy for reporting incidents, which may include putting complaints in writing, keeping records of incidents, and informing their employer about the harassment. They may also have the right to file a hostile workplace lawsuit against the offender and/or the employer.
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Hostile work environment
In California, workplace harassment is defined as unwelcome conduct in the workplace, based on a protected characteristic, such as sex, race, age, disability, or sexual orientation. This conduct must be severe or pervasive enough to create a hostile or abusive work environment, or result in an adverse employment decision, such as termination or demotion.
To be considered unlawful, the harassing conduct must be offensive to a reasonable person in the same circumstances, and not simply a matter of personal preference or taste. This means that the behaviour must create a work environment that a reasonable person would consider intimidating, hostile, or offensive.
Harassment that causes a hostile work environment must violate Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, or the Americans with Disabilities Act of 1990. Harassment based on protected characteristics under discrimination laws include racial, sexual, religious, and disability harassment, as well as harassment based on national origin, sexual orientation, and gender identity.
In California, workplace harassment is governed primarily by the Fair Employment and Housing Act (FEHA). This state law prohibits workplace harassment based on protected characteristics and places a legal obligation on employers to prevent, investigate, and address all forms of harassment, including sexual harassment, psychological abuse, and discrimination. California laws also require employers with 50 or more employees to provide sexual harassment prevention training to supervisors and non-supervisory employees.
If you are experiencing a hostile work environment due to harassment, there are steps you can take. First, ask the offender to stop. If this does not work, speak with your employer about the harassment and find out what harassment policies are in place. Keep a record of the hostile workplace events and your responses to them. If the issue is not addressed, consider speaking with a hostile workplace employment lawyer.
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Protected characteristics
Workplace harassment in California is defined as unwelcome conduct in the workplace, based on a protected characteristic. This conduct must be objectively offensive, severe, or pervasive enough to create a hostile or abusive work environment, or result in an adverse employment decision.
There are 18 protected characteristics outlined by California law, including:
- Race
- Sex
- Gender
- Sexual orientation
- Country of origin
- Genetic information
- Ancestry
- Religion
- Medical condition
- Disability
- Marital status
- Pregnancy
- Accent (unless it interferes with job performance)
- Immigration status (unless required by federal law)
- Membership in or association with an organization identified with a national origin group
- Criminal history or background
Harassment based on these protected characteristics can take many forms, including verbal, physical, or visual conduct, such as:
- Offensive jokes, name-calling, epithets, gestures, or slurs
- Unwanted touching or physical contact
- Displaying offensive pictures or objects
- Unwanted sexual advances, comments, or visual content
- Quid pro quo sexual harassment, such as offering promotions or awards in exchange for sexual favors
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Retaliation
Workplace harassment in California is defined as unwelcome conduct in the workplace, based on a protected characteristic, such as sex, race, age, disability, or sexual orientation. This conduct must be severe or pervasive enough to create a hostile or abusive work environment or result in an adverse employment decision, such as termination or demotion.
Legal Protections Against Retaliation
California Labor Laws provide employees with protections against retaliation. Various sections of the Labor Code specifically prohibit employers from retaliating against employees in certain circumstances:
- Labor Code section 6310 protects employees who complain about safety or health conditions at work, participate in proceedings related to occupational health and safety, or exercise their rights under federal or state law regarding workplace safety.
- Labor Code section 132(a) protects employees who report work-related injuries, illnesses, or fatalities, as well as those who request access to occupational injury or illness records.
- Labor Code section 246.5 safeguards employees' rights to use accrued sick leave without fear of retaliation, including those who file complaints or cooperate in investigations related to sick leave violations.
- Labor Code section 230.1 protects employees who are victims of domestic violence, sexual assault, stalking, or certain crimes resulting in physical or mental injury. It prohibits employers from retaliating against employees who take time off to seek medical attention, obtain counselling, or participate in safety planning.
Employees who believe they have been retaliated against can file a complaint with the California Labor Commissioner's Office. The office maintains a list of laws prohibiting retaliation and provides guidance on the complaint process. Complaints must generally be filed within one year of the retaliatory act, unless otherwise specified.
Whistleblower Protections
Whistleblowers are also protected under California law. Employees who raise concerns about legal or ethical violations within their organisation are protected from retaliation. This includes situations where employees report violations of child daycare licensing requirements or equal pay laws.
Broader Protections Under FEHA
The Fair Employment and Housing Act (FEHA) is California's primary anti-discrimination law, which also prohibits workplace harassment based on protected characteristics. While federal laws like Title VII offer some protection against workplace harassment, FEHA provides broader protections, making it a common basis for workplace harassment lawsuits in California.
In summary, retaliation in the context of workplace harassment in California refers to adverse actions taken against employees who have complained about or reported harassment. California Labor Laws and specific sections of the Labor Code provide robust protections against retaliation, and employees can file complaints with the Labor Commissioner's Office if they believe their rights have been violated.
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Reporting harassment
Workplace harassment in California is defined as unwelcome conduct in the workplace, based on a protected characteristic, such as sex, race, age, disability, or sexual orientation. It is conduct that is objectively offensive, severe, or pervasive enough to create a hostile or abusive work environment.
If you are experiencing workplace harassment in California, here are the steps you can take to report it:
- Ask the offender to stop: The first step is to directly and clearly inform the person engaging in the harassing behavior that their actions are unwelcome and must stop. This can be done verbally or in writing. Document your request, including the date, time, and method of communication.
- Report to your employer: If the harassment persists or you feel uncomfortable confronting the harasser directly, speak with your employer or HR department. Review and understand your company's policies and procedures for handling harassment claims. Your employer is legally obligated to prevent and address workplace harassment and may be held liable for their employees' actions.
- Keep a detailed record: Start maintaining a journal or record of all incidents of harassment, including dates, times, locations, and any witnesses present. Also, document your responses to the incidents and any actions taken by your employer. This record will be crucial if you need to pursue legal action.
- File a complaint with the California Department of Fair Employment and Housing (DFEH): If your employer fails to take appropriate corrective action or if you feel uncomfortable reporting to them, you can file a complaint with the DFEH. You can file your complaint online, by mail, or over the phone. The DFEH will investigate your complaint if sufficient evidence of a civil rights violation is found.
- Consult an employment lawyer: Consider seeking legal advice from a hostile workplace employment lawyer, especially if the harassment continues or if you face retaliation for reporting it. An experienced lawyer can guide you through your legal options, help you understand your rights, and determine the best course of action.
Remember, you are protected by law against retaliation for reporting workplace harassment. California law prohibits any form of retaliation, such as termination, demotion, or any other adverse employment decision, for exercising your rights.
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Frequently asked questions
Workplace harassment in California is defined as unwelcome conduct in the workplace, based on a protected characteristic, such as sex, race, age, disability, or sexual orientation. This conduct must be severe or pervasive enough to create a hostile or abusive work environment or result in an adverse employment decision, such as termination or demotion.
Workplace harassment can take many forms, including verbal, physical, or nonverbal conduct. Examples of verbal harassment include offensive statements, name-calling, inappropriate jokes, and disparaging comments. Nonverbal harassment might include viewing inappropriate images in the presence of coworkers or displaying offensive posters, texts, or memes. Other examples include unreasonable interference with work performance, displaying offensive objects or pictures, offensive jokes, name-calling, epithets, slurs, and intimidation.
If you are experiencing workplace harassment in California, you should first inform the harasser that their conduct is unwelcome and must stop. If this does not resolve the issue, you should speak with your employer about the harassment and review their policies on handling hostile workplace environments. It is important to keep a record of the hostile workplace events and your responses to them. If the matter is not addressed, you may consider contacting a workplace employment lawyer to discuss your options for legal action.
